Supreme Court stays all further proceedings in the FIR against Kamal Nayan Pandey, SHO, Murar, Buxar in a case of police atrocity

In Kamal Nayan Pandey vs. The State of Bihar & Ors. (2026), Supreme Court's Division Bench of Justices M.M. Sundresh and Prasanna B. Parale passed a 2-page long order dated September 7, 2026, wherein, it concluded:"In the meantime, there shall be a stay on the operation of the impugned order dated 16.06.2026 and on all further proceedings pursuant to the FIR No.5793027260052 of 2026 dated 03.07.2026, registered at Police Station Murar, District-Buxar, Bihar." The impugned order was passed by Justice Jitendra Kumar of Patna High Court. It was in compliance with the High Court's order that the FIR was registered on dated July 3, 2026 under Sections 115(2), 126 (2), 117(2),352,351 (2), 303 (2),3(5) of BNS, 2023 in a case of police brutality at 2 PM on July 4, 2024. Ram Ishwar Kumar is the Investigator of the case. Supreme Court did not inquire about the findings of the investigation undertaken during July 3, 2026-September 6, 2026. 

The complaint dated July 3, 2026 was filed by Manish Kumar, the victim of police atrocity. (Photo:The content of the complaint application filed by the victim)

Supreme granted permission to Kamal Nayan Pandey to file the SLP. The senior counsel for the petitioner submitted that apart from the fact that the petitioner was not heard before the Patna High Court, the mandate of compliance with Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was waived off. It was also submitted that the contesting respondent had suppressed the factum of a complaint before the State Human Rights Commission which was dismissed.  It issued notice, returnable on October 12, 2026. The counsel appearing for the respondent accepted the notice. 

Earlier, in Manish Kumar vs. The State of Bihar through Director General of Police, Bihar (2026), Justice Jitendra Kumar of Patna High Court had passed a 5-page long order dated June 16, 2026 in a case of police brutality Kamal Nayan Pandey. The other six respondents were: Home Secretary, Home Department, Government of Bihar, 3. The District Magistrate, Ara, 4. The Superintendent of Police, Buxar, 5. The Superintendent of Police, Bhojpur, Ara, 6. The Station House Officer, Murar, Buxar and 7. The Station House Officer, Muffassil Police Station, Ara. 

Also read: FIR lodged against Kamal Nayan Pandey, SHO, Murar, Buxar registered in compliance with order by Patna High Court in a case of police brutality